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We had to learn in the past that this tenant is not very responsive to answer calls, emails and even letter that once was sent to them in the past. They are aware of what they're doing is wrong and when they feel it's against them in any way, they just ignore to answer.
We had another problem with them in the past. They did not reimbursed Trash/Sewer bills that are in LL name, so we had to mail them a notice by certified mail with return receipt. You can guess what happened. They saw LL name on the mail and didn't pick it up in the post office, so almost after 4 weeks, I got the mail back. They then paid the bills with the next rent as if nothing happened.
That's how it's going to be. The postman probably won't be able to deliver the 60 day notice, since they won't pick it up.
My question is how would you deal with this kind of behavior?
I would deal with it by giving them the proper required notice to vacate. Why would you want to continue renting to people who are chronically nothing but trouble, high maintenance and non-compliant? Get them out ASAP and be done with it so you can get the apt turned-over and re-rented during peak rental season. They have obviously figured you out and have realized they can get away with pretty much anything and they are taking advantage of that so call their bluff.
Quote:
Originally Posted by thxbest
Would you send notice per certified mail or how would you serve?
Again, first and foremost, you need to send it certified/return receipt and save that receipt. Done! They do not have to accept it or open it to be valid. You will have done what you are required to do according to the law. Stop trying to babysit and coddle these people. This is a business, you are not their parents to hold their hand on everything. For extra measure however, (which is not mandatory by any means), you can also post the same notice on their door and take a dated/time stamped photo of it with their apt number showing in the same photo. Heck, as a 3rd option only, you can even send a copy via regular first class mail as well if it makes you feel better. If they don't respond, sign the certified mail or open their regular mail, etc., and respond accordingly then that is their problem, not yours. You have done everything you are legally required to do.
But again, you need to get yourself an attorney because it does not appear that you are comfortable and/or willing to research or gain any knowledge on any of this on your own. And if you don't do it all correctly or according to the law you will only trip yourself up on it and find yourself in hot water.
This a free forum and no one here is an attorney nor can anyone here give you legal advice and/or sort out all of the minute legal details that you clearly need advice on.
Would you send notice per certified mail or how would you serve?
Corn-fused said, but I would add that the term "serve" is different in a legal process, where the courts are involved. If you are having a tenantserved as part of a legal proceeding, that represents a different process than notifying a tenant of a change in the lease, and you have to check your state law.
Would you send notice per certified mail or how would you serve?
Send it certified/return receipt it costs about $6. Once you send it then it is considered delivered 5 days after you send it even if it gets returned. If it does get returned then you do not open it, leave it for the judge to open with the green sticker still on it.
I repeat. Consult.with.an.attorney.to.make.sure.you.do.every thing.according.to.the.law.
You are clearly all over the board here and you seriously need legal guidance to take you through this step-by-step-by-step so you don't slip up on anything.
Is the 60 day notice the correct one since it's almost middle of May
Are you really this incompetent? I think this link was provided to you already but just in case here it is again. Now all you have to do is go to the bottom where it clearly spells it out with examples for you. Read and learn something for yourself.
...Is the 60 day notice the correct one since it's almost middle of May
California is a "literal 30 day state" Notice period starts on whatever date the notice is served. In your case, the tenant has been there for over a year, so you must serve a 60 day notice. Notice is not by the rental period, you count the days from the date the notice was given. If you give the notice in the middle of the month, the end of the notice period will be in the middle of the month.
Seriously, get yourself a lawyer to get the tenants out for you. You seem to be having too much difficulty handling this and obviously could use some legal help. We are not allowed to give legal advice on C-D.
We have a tenant that had a lease expired on the last day of the month in April.
A few weeks back we have inspected the place. LL and T both agreed to extend the lease for another year. We sent them the new lease to sign however, they did not return it even after lease expiration day on April 30th. As a reminder, we emailed them on April 28th requesting sign the lease and send it back as soon as possible, no response.
They have sent in payment for this month, but have not sent their lease back. We sent another text message and email stating "We have not received the lease. Also, no response of email from 04/28/2016. You need to sign and send it back by tomorrow". No response yet.
State California.
I read not to cash the check until they sign the new lease. Is that correct and why?
So what you guys would do if you were in this situation?
Thanks in advance.
I hope you sent them a lease for them to sign then you receive it back and then you sign.
After reading, if I had tenants that were that unresponsive I would not renew their lease. I understand they dint need to be my buddy, but if I'm sending correspondence it's because I need information or have legitimate questions or paperwork that needs to be filled out.
I would simply send them a letter (like everyone already advised you) that you are terminating the lease agreement and you are giving 60 days notice to leave. As long as you did not sign the lease before you sent it to them it's not valid.
If you want to keep them as tenants then send a letter stating since the new lease was not returned in a timely manner you are no longer inclined to sign a ew lease and since they plan on staying as you received the monthly rent on the old lease which converted to month to month there will be a raise in monthly payment. So here is your 60 day notice of a xx% rent raise.
I'm willing to bet you get at least a phone call
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